HomeMy WebLinkAboutContract 62869City of Fort Worth, Texas Page 1 of 20
Standard Community Facilities Agreement with City Participation
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Received Date: _______________
Received Time: _______________
Developer and Project Information Cover Sheet:
Developer Company Name: Delara Chase, LLC
Address, State, Zip Code: 5501-A Balcones Dr. #302 Austin, Texas 78731
Phone & Email: (512) 944-3272 | abby@saigebrook.com
(931) 624-7890 | alice@saigebrook.com
Authorized Signatory, Title: Abigail Penner, Managing Member
Alice Cruz, Managing Member
Project Name: Delara Chase
Brief Description: Water, Paving & Streetlights
Project Location: 4805 Altamesa Blvd.
Plat Case Number: None Given Plat Name: None Given
Mapsco: 103A Council District:
CFA Number: CFA24-0140 City Project Number: 105763 | IPRC24-0179
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Standard Community Facilities Agreement with City Participation
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City Secretary Number: _______________
STANDARD COMMUNITY FACILITIES AGREEMENT
WITH CITY PARTICIPATION
This COMMUNITY FACILITIES AGREEMENT (“Agreement”) is made and entered into by
and between the City of Fort Worth (“City”), a home-rule municipal corporation of the State of Texas,
acting by and through its duly authorized Assistant City Manager, and Delara Chase, LLC, a Texas limited
liability company (“Developer”), acting by and through its duly authorized representative. City and
Developer are referred to herein individually as a “party” and collectively as the “parties.”
WHEREAS, Developer intends to construct private improvements and/or subdivide land within
the corporate limits of Fort Worth, Texas or its extraterritorial jurisdiction, for a project known as Delara
Chase (“Project”); and
WHEREAS, the City desires to ensure that all developments are adequately served by public
infrastructure and that the public infrastructure is constructed according to City standards; and
WHEREAS, as a condition of approval of the Project, Developer is required to bear a portion of
the costs of municipal infrastructure by constructing the public infrastructure necessary for the Project as
described in this Agreement (“Community Facilities” or “Improvements”); and
WHEREAS, as a condition of approval of the Project, Developer is required to meet the additional
obligations contained in this Agreement, and Developer may be required to make dedications of land, pay
fees or construction costs, or meet other obligations that are not a part of this Agreement; and
WHEREAS, the City desires to participate in this Agreement in an amount not to exceed
$412,060.41 to enlarge the scope of the Improvements beyond what Developer is responsible for
constructing by replacing the existing 8-inch cast iron sewer main with a new 8-inch sewer main as
authorized by City Council through approval of M&C 25-0082 on January 28, 2025 (“City Participation”);
and
WHEREAS, the City Participation includes reimbursement to Developer in amounts not to exceed
$377,967.50 for construction costs, $17,422.24 for public bid advertisement costs, and $7,559.35 for
material testing costs. The remaining City Participation in the amount of $9,111.32 shall not be paid to
Developer, but will be used by City to pay for the City’s portion of construction inspection service fees,
administrative material testing fees, and water lab testing fees; and
WHEREAS, the Developer and the City desire to enter into this Agreement in connection with
the collective Improvements for the Project;
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NOW, THEREFORE, for and in consideration of the covenants and conditions contained herein,
the City and the Developer do hereby agree as follows:
1.
CFA Ordinance
The Community Facilities Agreements Ordinance ("CFA Ordinance"), as amended, is incorporated
into this Agreement by reference, as if it was fully set forth herein. Developer agrees to comply with all
provisions of the CFA Ordinance in the performance of Developer’s duties and obligations pursuant to this
Agreement and to cause all contractors hired by Developer to comply with the CFA Ordinance in
connection with the work performed by the contractors. If a conflict exist between the terms and conditions
of this Agreement and the CFA Ordinance, the CFA Ordinance shall control.
2.
Incorporation of Engineering Plans
The engineering plans for the Improvements that have been approved by the City (“Engineering
Plans”) are incorporated into this Agreement by reference as if fully set out herein. Developer shall provide
at its expense, unless otherwise agreed to by City, all engineering drawings and documents necessary to
construct the Improvements required by this Agreement.
3.
Description of Improvements; Exhibits and Attachments
The following exhibits describe the general location, nature and extent of the Improvements that
are the subject of this Agreement and are attached hereto and incorporated herein by reference:
Exhibit A: Water
Exhibit B: Paving
The Location Map and Cost Estimates are also attached hereto and incorporated herein by
reference. To the extent that Exhibits A, B, the Location Map, or the Cost Estimates conflict with the
Engineering Plans, the Engineering Plans shall control. If applicable, Attachment 1 – Changes to
Standard Community Facilities Agreement, Attachment 2 – Phased CFA Provisions, and Attachment 3
– Concurrent CFA Provisions, are attached hereto and incorporated herein for all purposes.
4.
Construction of Improvements
Developer agrees to cause the construction of the Improvements contemplated by this Agreement
and that said construction shall be completed in a good and workmanlike manner and in accordance with
all City standards and specifications, the Engineering Plans, the Cost Estimates provided for the
Improvements, and this Agreement. Developer acknowledges that City will not accept the Improvements
until the City receives affidavits and lien releases signed by Developer’s contractors verifying that the
contractors, and all subcontractors and material suppliers, have been paid in full for constructing the
Improvements, and consent of the surety on payment and performance bonds provided for the
Improvements. If the Developer’s contractors: (a) are not constructing the Improvements in accordance
with the Engineering Plans; (b) the contractors violate federal law, state law or local law, policies, rules
or regulations in connection with the construction of the Improvements; or (c) coordination of the timing
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of the construction of adjacent utilities is necessary to avoid having to remove and replace Improvements
that Developer’s contractors are about to install, the City may temporarily suspend the construction of the
Improvements by delivering a written notice to Developer and Developer’s contractors. The temporary
suspension of the construction of the Improvements shall only occur for the amount of time necessary for
Developer’s contractors to correct the violation or for the coordination of the utilities to be completed, and
upon any such suspension, City agrees to reimburse Developer for the City’s share of construction costs
for work properly completed through the date City suspended construction.
5.
Financial Guarantee
Developer has provided the City with a financial guarantee in the form and amounts set forth in
this Agreement which guarantees the construction of the Improvements and payment by Developer of
all contractors, subcontractors, and material suppliers for the Improvements (“Financial Guarantee”).
Developer shall keep the Financial Guarantee in full force and effect until released by the City and shall
not reduce the amount of the Financial Guarantee unless authorized by the City in accordance with the
CFA Ordinance.
6.
Completion Deadline; Extension Periods
This Agreement shall be effective on the date this Agreement is executed by the City’s Assistant
City Manager (“Effective Date”). Developer shall complete construction of the Improvements and
obtain the City’s acceptance of the Improvements within two (2) years of the Effective Date (“Term”).
If construction of the Improvements has started during the Term, the Developer may request that this
Agreement be extended for an additional period of time (“Extension Period”). All Extension Periods shall
be agreed to in writing by the City and the Developer as set forth in a written amendment to this Agreement.
In no event shall the Term of this Agreement plus any Extension Periods be for more than three years.
7.
Failure to Construct the Improvements
(a)The City may utilize the Developer’s Financial Guarantee to cause the completion of the
construction of the Improvements if at the end of the Term, and any Extension Periods, the
Improvements have not been completed and accepted by the City. If the Improvements are not
completed at the end of the Term, and any Extension Periods, there will be no further obligation
for City Participation to be paid to the Developer.
(b)The City may utilize the Developer’s Financial Guarantee to cause the completion of the
construction of the Improvements or to cause the payment of costs for construction of the
Improvements before the expiration of the Term, and any Extension Period, if the Developer
breaches this Agreement, becomes insolvent, or fails to pay costs of construction.
(c)If the Financial Guarantee is a Completion Agreement and the Developer’s contractors or suppliers
are not paid for construction costs or materials supplied for the Improvements the contractors and
suppliers may place a lien upon any property which the City does not have an ownership interest
that is the subject of the Completion Agreement.
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(d) Nothing contained herein is intended to limit the Developer’s obligations under the CFA
Ordinance, this Agreement, the Financial Guarantee, Developer’s agreements with Developer’s
contractors, or other related agreements.
8.
Termination
If Developer desires to terminate this Agreement before Developer’s contractors begin
constructing the Improvements, Developer agrees to the following:
(a)that Developer and City must execute a termination of this Agreement in writing;
(b)that Developer will vacate any final plats that have been filed with the county where the Project
is located; and
(c)to pay to the City all costs incurred by the City in connection with this Agreement, including
time spent by the City’s inspectors at preconstruction meetings.
9.
Award of Construction Contracts
(a)Developer will award all contracts for the construction of the Improvements and cause the
Improvements to be constructed in accordance with the CFA Ordinance.
(b)Developer will employ construction contractors who meet the requirements of the City to construct
the Improvements including, but not limited, to being prequalified, insured, licensed and bonded to
construct the Improvements in the City.
(c)Developer will require Developer’s contractors to provide the City with payment and performance
bonds naming the City and the Developer as dual obligees, in the amount of one hundred percent
(100%) of the cost of the Improvements as required by the CFA Ordinance. The payment and
performance bonds shall guarantee construction of the Improvements and payment of all
subcontractors and material suppliers. Developer agrees to require Developer’s contractors to
provide the City with a maintenance bond naming the City as an obligee, in the amount of one
hundred percent (100%) of the cost of the Improvements, that guarantees correction of defects in
materials and workmanship for the Improvements by the contractor and surety for a period of two
(2) years after completion and final acceptance of the Improvements by the City. All bonds must
be provided to the City before construction begins and must meet the requirements of the City’s
Standard Conditions, Chapter 2253 of the Texas Government Code, and the Texas Insurance Code.
(d)Developer will require Developer’s contractors to provide the City with insurance equal to or in
excess of the amounts required by the City's standard specifications and contract documents for
developer-awarded infrastructure construction contracts. The City must be named as an additional
insured on all insurance policies. The Developer must provide the City with a Certificate of
Insurance (ACORD or form approved by the State of Texas), supplied by each contractor’s
insurance provider, which shall be made a part of the Project Manual.
(e)Developer will require the Developer’s contractors to give forty-eight (48) hours’ advance notice
of their intent to commence construction of the Improvements to the City’s Construction Services
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Division so that City inspection personnel will be available. Developer will require Developer’s
contractors to allow construction of the Improvements to be subject to inspection at any and all
times by the City’s inspectors. Developer will require Developer’s contractors to not install or
relocate any sanitary sewer, storm drain, or water pipe unless a City inspector is present and gives
consent to proceed, and to allow such laboratory tests as may be required by the City.
(f) Developer will not allow Developer’s contractors to begin construction of the Improvements until
a notice to proceed to construction is issued by the City.
(g) Developer will not allow Developer’s contractors to connect buildings to service lines of sewer and
water mains constructed pursuant to this Agreement, if any, until said sewer, water mains and
service lines have been completed to the satisfaction of the City.
(h) Developer shall ensure the contractors are paid the City’s wage rates in effect during construction
of the Improvements.
10.
Utilities
Developer shall cause the installation or adjustment of utilities required to: (1) serve the Project;
and (2) to construct the Improvements required herein. City shall not be responsible for payment of any
costs that may be incurred by Developer in the relocation of any utilities that are or may be in conflict with
any of the Improvements to be constructed pursuant to this Agreement.
11.
Easements and Rights-of-Way
Developer agrees to provide, at its expense, all necessary rights-of-way and easements required for
the construction and dedication to the City of the Improvements provided for by this Agreement.
12.
Liability and Indemnification
(a) DEVELOPER HEREBY RELEASES AND AGREES TO INDEMNIFY, DEFEND AND
HOLD THE CITY HARMLESS FOR ANY INADEQUACIES IN THE PRELIMINARY
PLANS, SPECIFICATIONS, ENGINEERING PLANS, AND COST ESTIMATES
SUPPLIED BY THE DEVELOPER FOR THIS AGREEMENT.
(b) THE DEVELOPER COVENANTS AND AGREES TO, AND BY THESE PRESENTS DOES
HEREBY FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS
OFFICERS, AGENTS AND EMPLOYEES FROM ALL SUITS, ACTIONS OR CLAIMS OF
ANY CHARACTER, WHETHER REAL OR ASSERTED, BROUGHT FOR OR ON ACCOUNT
OF ANY INJURIES OR DAMAGES SUSTAINED BY ANY PERSONS, INCLUDING DEATH,
OR TO ANY PROPERTY, RESULTING FROM OR IN CONNECTION WITH THE
CONSTRUCTION, DESIGN, PERFORMANCE OR COMPLETION OF ANY WORK TO BE
PERFORMED BY SAID DEVELOPER, ITS CONTRACTORS, SUBCONTRACTORS,
OFFICERS, AGENTS OR EMPLOYEES, OR IN CONSEQUENCE OF ANY FAILURE TO
PROPERLY SAFEGUARD THE WORK, OR ON ACCOUNT OF ANY ACT, INTENTIONAL
OR OTHERWISE, NEGLECT OR MISCONDUCT OF SAID DEVELOPER, ITS
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CONTRACTORS, SUB-CONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES,
WHETHER OR NOT SUCH INJURIES, DEATH OR DAMAGES ARE CAUSED, IN WHOLE
OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE CITY OF FORT WORTH, ITS
OFFICERS, SERVANTS, OR EMPLOYEES.
(c)DEVELOPER WILL REQUIRE ITS CONTRACTORS TO INDEMNIFY, DEFEND AND
HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES FROM
AND AGAINST ANY AND ALL CLAIMS, SUITS OR CAUSES OF ACTION OF ANY
NATURE WHATSOEVER, WHETHER REAL OR ASSERTED, BROUGHT FOR OR ON
ACCOUNT OF ANY INJURIES OR DAMAGES TO PERSONS OR PROPERTY,
INCLUDING DEATH, RESULTING FROM, OR IN ANY WAY CONNECTED WITH, THE
CONSTRUCTION OF THE IMPROVEMENTS CONTEMPLATED HEREIN, WHETHER
OR NOT SUCH INJURIES, DEATH OR DAMAGES ARE CAUSED, IN WHOLE OR IN
PART, BY THE ALLEGED NEGLIGENCE OF THE CITY OF FORT WORTH, ITS
OFFICERS, SERVANTS, OR EMPLOYEES. FURTHER, DEVELOPER WILL REQUIRE
ITS CONTRACTORS TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE CITY
FOR ANY LOSSES, DAMAGES, COSTS OR EXPENSES SUFFERED BY THE CITY OR
CAUSED AS A RESULT OF SAID CONTRACTORS’ FAILURE TO COMPLETE THE
WORK AND CONSTRUCT THE IMPROVEMENTS IN A GOOD AND WORKMANLIKE
MANNER, FREE FROM DEFECTS, IN CONFORMANCE WITH THE CFA ORDINANCE,
AND IN ACCORDANCE WITH ALL PLANS AND SPECIFICATIONS.
13.
Right to Enforce Contracts
Upon completion of all work associated with the construction of the Improvements, Developer will
assign to the City a non-exclusive right to enforce the contracts entered into by Developer with its
contractors, along with an assignment of all warranties given by the contractors, whether express or implied.
Further, Developer agrees that all contracts with any contractor shall include provisions granting to the City
the right to enforce such contracts as an express intended third party beneficiary of such contracts.
14.
Estimated Fees Paid by Developer; Reconciliation
Prior to execution of this Agreement, Developer has paid to the City the Developer’s portion of the
estimated cost of administrative material testing service fees, construction inspection service fees, and water
testing lab fees in the amounts set forth in the Cost Summary section of this Agreement. Upon completion
of the construction of the Improvements, the City will reconcile the actual cost of administrative material
testing service fees, construction inspection service fees, and water testing lab fees with the estimated fees
paid by Developer. If the actual costs of the Developer’s portion of the fees are more than the estimated
payments made by the Developer, the Developer must pay the difference to the City before the Improvements
will be accepted by the City. If the actual costs of the fees are less than the estimated payments made by
the Developer, the City will refund the difference to the Developer. If the difference between the actual costs
and the estimated payments made by the Developer is less than fifty dollars ($50.00), the City will not issue
a refund and the Developer will not be responsible for paying the difference. The financial guarantee will
not be released by the City or returned to the Developer until reconciliation has been completed by the City
and any fees owed to the City have been paid by the Developer.
15.
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Material Testing
The City maintains a list of pre-approved material testing laboratories. The Developer must
contract with material testing laboratories on the City’s list. Material testing laboratories will provide copies
of all test results directly to the City and the Developer. If the Improvements being constructed fail a test,
the Developer must correct or replace the Improvements until the Improvements pass all retests. The
Developer must pay the material testing laboratories directly for all material testing and retesting. The City
will obtain proof from the material testing laboratories that the material testing laboratories have been
paid in full by the Developer before the City will accept the Improvements.
16.
Notices
All notices required or permitted under this Agreement may be given to a party by hand-
delivery or by mail, addressed to such party at the address stated below. Any notice so given shall be
deemed to have been received when deposited in the United States mail so addressed with postage
prepaid:
CITY: DEVELOPER:
Development Coordination Office Delara Chase, LLC
City of Fort Worth 5501-A Balcones Dr. #302
100 Fort Worth Trail Austin, TX 78731
Fort Worth, Texas 76102
Attn: Alice Cruz and Abby Penner
With copies to:
City Attorney's Office Shutts & Bowen LLP
City of Fort Worth 200 South Biscayne Blvd., Ste. 4100
100 Fort Worth Trail Miami, FL 33131
Fort Worth, Texas 76102 Attn: Robert Cheng
and
City Manager’s Office
City of Fort Worth
100 Fort Worth Trail
Fort Worth, Texas 76102
Or to such other address one party may hereafter designate by notice in writing addressed and
mailed or delivered to the other party hereto.
17.
Right to Audit
Developer agrees that, until the expiration of three (3) years after acceptance by the City of the
Improvements constructed pursuant to this Agreement, that the City shall have access to and the right to
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examine any directly pertinent books, documents, papers and records of the Developer involving
transactions relating to this Agreement. Developer agrees that the City shall have access during normal
working hours to all necessary Developer facilities and shall be provided adequate and appropriate
workspace in order to conduct audits in compliance with the provisions of this section. The City shall give
Developer reasonable advance notice of intended audits.
Developer further agrees to include in all contracts with Developer’s contractors for the
Improvements a provision to the effect that the contractor agrees that the City shall, until the expiration of
three (3) years after final payment under the contract, have access to and the right to examine any directly
pertinent books, documents, papers and records of such contractor, involving transactions to the contract,
and further, that City shall have access during normal working hours to all of the contractor’s facilities, and
shall be provided adequate and appropriate work space in order to conduct audits in compliance with the
provisions of this section. City shall give Developer’s contractors reasonable advance notice of intended
audits.
18.
Independent Contractor
It is expressly understood and agreed that Developer and its employees, representative, agents,
servants, officers, contractors, subcontractors, and volunteers shall operate as independent contractors as to
all rights and privileges and work performed under this Agreement, and not as agents, representatives or
employees of the City. Subject to and in accordance with the conditions and provisions of this Agreement,
Developer shall have the exclusive right to control the details of its operations and activities and be solely
responsible for the acts and omissions of its employees, representatives, agents, servants, officers,
contractors, subcontractors, and volunteers. Developer acknowledges that the doctrine of respondeat
superior shall not apply as between the City and its officers, representatives, agents, servants and
employees, and Developer and its employees, representatives, agents, servants, officers, contractors,
subcontractors, and volunteers. Developer further agrees that nothing herein shall be construed as the
creation of a partnership or joint enterprise between City and Developer. It is further understood that the
City shall in no way be considered a co-employer or a joint employer of Developer or any employees,
representatives, agents, servants, officers, contractors, subcontractors, and volunteers of Developer.
Neither Developer, nor any officers, agents, servants, employees or subcontractors of Developer shall be
entitled to any employment benefits from the City. Developer shall be responsible and liable for any and
all payment and reporting of taxes on behalf of itself, and any of employees, representatives, agents,
servants, officers, contractors, subcontractors, and volunteers.
The City, through its authorized representatives and employees, shall have the sole and exclusive
right to exercise jurisdiction and control over City employees.
19.
Applicable Law; Venue
This Agreement shall be construed under and in accordance with Texas law. Venue shall be in
the state courts located in Tarrant County, Texas or the United States District Court for the Northern
District of Texas, Fort Worth Division.
20.
Non-Waiver
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The failure of the City to insist upon the performance of any term or provision of this Agreement
or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent
of City’s right to assert or rely on any such term or right on any future occasion.
21.
Governmental Powers and Immunities.
It is understood that by execution of this Agreement, the City does not waive or surrender
any of its governmental powers or immunities.
22.
Headings
The paragraph headings contained herein are for the convenience in reference and are not intended
to define or limit the scope of any provision of this Agreement.
23.
Severability
In the event that any clause or provision of this Agreement shall be held to be invalid by any
court of competent jurisdiction, the invalidity of such clause or provision shall not affect any of the
remaining provisions hereof.
24.
Review of Counsel
City and Developer, and if they so choose, their attorneys, have had the opportunity to review
and comment on this document; therefore any rule of contract construction or interpretation that would
normally call for the document to be interpreted as against the drafting party shall not apply in
interpretation of this Agreement, and each section, portion, and provision of this Agreement shall be
construed solely on the basis of the language contained therein, regardless of who authored such
language.
25.
Prohibition on Boycotting Israel
Developer acknowledges that in accordance with Chapter 2271 of the Texas Government Code,
the City is prohibited from entering into a contract with a company with 10 or more full-time employees
that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City for
goods or services unless the contract contains a written verification from the company that it: (1) does not
boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms “boycott Israel”
and “company” have the meanings ascribed to those terms by Chapter 2271 of the Texas Government Code.
To the extent that Chapter 2271 of the Government Code is applicable to this Agreement, by signing this
Agreement, Developer certifies that Developer’s signature provides written verification to the City that
Developer: (1) does not boycott Israel; and (2) will not boycott Israel during the term of this Agreement.
26.
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Prohibition on Boycotting Energy Companies
Developer acknowledges that in accordance with Chapter 2276 of the Texas Government Code the
City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more
that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time
employees unless the contract contains a written verification from the company that it: (1) does not boycott
energy companies; and (2) will not boycott energy companies during the term of the contract. To the extent
that Chapter 2276 of the Government Code is applicable to this Agreement, by signing this Agreement,
Developer certifies that Developer’s signature provides written verification to the City that Developer: (1)
does not boycott energy companies; and (2) will not boycott energy companies during the term of this
Agreement.
27.
Prohibition on Discrimination Against Firearm and Ammunition Industries
Developer acknowledges that except as otherwise provided by Chapter 2274 of the Texas
Government Code the City is prohibited from entering into a contract for goods or services that has a value
of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with
10 or more full-time employees unless the contract contains a written verification from the company that
it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or
firearm trade association; and (2) will not discriminate during the term of the contract against a firearm
entity or firearm trade association. To the extent that Chapter 2274 of the Government Code is applicable
to this Agreement, by signing this Agreement, Developer certifies that Developer’s signature provides
written verification to the City that Developer: (1) does not have a practice, policy, guidance, or directive
that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against
a firearm entity or firearm trade association during the term of this Agreement.
28.
Compliance with Public Information Act Requests
The requirements of Subchapter J, Chapter 552, Government Code, may apply to this
Agreement and Developer agrees that the Agreement can be terminated if Developer knowingly or
intentionally fails to comply with a requirement of that subchapter. Developer acknowledges that
section 552.371 of the Texas Government Code applies to this Agreement if: (1) this Agreement has a stated
expenditure of at least $1 million in public funds for the purchase of good or services by the City; or (2)
this Agreement results in the expenditure of at least $1 million in public funds for the purchase of goods or
services by the City in a fiscal year of the City. To the extent that section 552.371 of the Texas Government
Code applies to this Agreement, Developer shall comply with section 552.372 of the Texas Government
Code by: (1) preserving all contracting information relating to this Agreement as provided by the records
retention requirements applicable to the City for the duration of the Agreement; (2) promptly providing the
City any contracting information related to this Agreement that is in the custody or possession of Developer
on request of the City; and (3) on completion of the Agreement, either (a) providing at no cost to the City
all contracting information related to the Agreement that is in the custody or possession of Developer; or
(b) preserving the contracting information relating to the Agreement as provided by the retention
requirements application to the City.
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29.
Immigration and Nationality Act
Developer shall verify the identity and employment eligibility of its employees who perform work
under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon
request by City, Developer shall provide City with copies of all I-9 forms and supporting eligibility
documentation for each employee who performs work under this Agreement. Developer shall adhere to all
Federal and State laws as well as establish appropriate procedures and controls so that no services will be
performed by any Developer employee who is not legally eligible to perform such services. DEVELOPER
SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES,
LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY DEVELOPER,
DEVELOPER’S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written
notice to Developer, shall have the right to immediately terminate this Agreement for violations of this
provision by Developer.
30.
Amendment
No amendment, modification, or alteration of the terms of this Agreement shall be binding unless
the same is in writing, dated subsequent to the date hereof, and duly executed by the City and Developer.
31.
Assignment and Successors
Developer shall not assign or subcontract all or any part of its rights, privileges, or duties under this
Agreement without the prior written consent of City. Any attempted assignment or subcontract without the
City’s prior written approval shall be void and constitute a breach of this Agreement.
32.
No Third-Party Beneficiaries
The provisions and conditions of this Agreement are solely for the benefit of the City and
Developer, and any lawful assign or successor of Developer, and are not intended to create any rights,
contractual or otherwise, to any other person or entity.
33.
Compliance with Laws, Ordinances, Rules and Regulations
Developer, its officers, agents, servants, employees, and contractors, shall abide by and comply
with all laws, federal, state and local, including all ordinances, rules and regulations of City. It is agreed
and understood that, if City calls to the attention of Developer any such violation on the part of Developer
or any of its officers, agents, servants, employees, or subcontractors, then Developer shall immediately
desist from and correct such violation.
34.
Signature Authority
The person signing this Agreement on behalf of Developer warrants that he or she has the legal
authority to execute this Agreement on behalf of the Developer, and that such binding authority has been
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granted by proper order, resolution, ordinance or other authorization of the entity. The City is fully entitled
to rely on this warranty and representation in entering into this Agreement.
35.
Counterparts
This Agreement may be executed in multiple counterparts, each of which will be deemed an
original, but which together will constitute one instrument.
36.
Entire Agreement
This written instrument, together with any attachments, exhibits, and appendices, constitutes the
entire understanding between the City and Developer concerning the work to be performed hereunder, and
any prior or contemporaneous, oral or written agreement that purports to vary from the terms hereof shall
be void.
37.
City Participation; Fiscal Funding Limitation
(a) The City shall reimburse Developer in amounts not to exceed $377,967.50 for construction costs,
$17,422.24 for public bid advertisement costs, and $7,559.35 for material testing costs. The
remaining City Participation in the amount of $9,111.32 shall not be paid to Developer, but will be
used by City to pay for the City’s portion of construction inspection service fees, administrative
material testing fees, and water lab testing fees. Developer must register as a vendor of the City in
order for the City Participation to be paid to Developer. The City Participation for construction
costs was calculated as follows:
[chart on following page]
City of Fort Worth, Texas Page 14 of 20
Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
MIADOCS 29067840 1
(b) As construction of the Improvements commences, Developer will receive applications for payment
from Developer’s contractors. Developer shall verify that each application for payment is due and
payable under the construction contract between Developer and the contractor and that the
Improvements that are the subject of the application for payment have been constructed. Developer
may submit three payment requests to the City during the construction of the Improvements, in the
form of an invoice, to obtain reimbursement of the City Participation (each a “Payment Request”).
Each Payment Request shall be delivered to the City through the City’s Ebuilder software system.
The first Payment Request may be submitted after one-third of the Improvements have been
constructed, the second Payment Request may be submitted after two-thirds of the Improvements
have been constructed, and the third Payment Request may be submitted after completion of the
construction of the Improvements and acceptance of the Improvements by the City as evidenced
by the execution by the City of the notice of project completion, commonly referred to as the
“greensheet.” Each Payment Request may seek reimbursement of the City’s share of the
Improvements that the City is participating on that have been constructed. With each payment
request, Developer shall deliver to City an affidavit of payment and lien release signed by the
Developer’s contractors covering the amount of the Payment Request. Each affidavit and lien
release shall verify Developer’s payment to the contractor for the amount in the Payment Requests
and the contractor’s payment to all subcontractors and material suppliers of all amounts owed in
connection with the Payment Request. City shall have no obligation to pay Developer for aPayment
Request until Developer provides the City with the invoice and the affidavit of payment and lien
release signed by Developer’s contractors verifying Developer’s payment to the contractors for the
City of Fort Worth, Texas Page 15 of 20
Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
MIADOCS 29067840 1
amount in the Payment Request and the contractors’ payment to all subcontractors and material
suppliers of all amounts owed in connection with the Payment Request.
(c)In the event no funds or insufficient funds are appropriated and budgeted or are otherwise
unavailable by any means whatsoever in any fiscal period for payments due under this Agreement,
then the City will immediately notify Developer of such occurrence and this Agreement shall be
terminated on the last day of the fiscal period for which appropriations were received without
penalty or expense to the City of any kind whatsoever, except to the portions of annual payments
herein agreed upon for which funds shall have been appropriated. The City Council has
appropriated and budgeted $412,060.41 to pay for the City obligations pursuant to this Agreement.
Any additional funds may require approval and appropriation of additional funds by the City
Council. Notwithstanding the foregoing, the City shall remain liable to Developer for any amounts
of City Participation attributable to the Improvements which are completed prior to termination of
this Agreement pursuant to this section.
(d)Substantial completion of the Improvements shall occur after Developer’s Contractors notify the
City that the Improvements are constructed and ready for their intended use, the City and
Developer’s Contractor inspect the Improvements, and the City concurs that the Improvements are
substantially complete as evidenced by the issuance of a letter of final acceptance by the City to
Developer’s contractors. This Agreement does not provide for any retainage to be withheld from
the City Participation. To the extent the issuance of any temporary or final certificate of occupancy
for any building in the Project does not require completion of the Improvements, the City shall not
condition its issuance of such certificate(s) upon the completion of the Improvements.
[REMAINDER OF PAGE INTENTIONALLY BLANK]
City of Fort Worth, Texas Page 16 of 20
Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
MIADOCS 29067840 1
38.
Cost Summary Sheet
Project Name: Delara Chase
CFA No. 24-0140 IPRC No. 24-0179 City Project No. 105763
Items Developer's Cost City's Cost Total Cost
A. Water and Sewer Construction
1. Water Construction 120,208.50$ 137,541.50$ 257,750.00$
2. Sewer Construction -$ -$ -$
Water and Sewer Construction Total 120,208.50$ 137,541.50$ 257,750.00$
B. TPW Construction
1. Street 21,132.00$ 240,426.00$ 261,558.00$
2. Storm Drain -$ -$ -$
3. Street Lights Installed by Developer -$ -$ -$
4. Signals -$ -$ -$
TPW Construction Cost Total 21,132.00$ 240,426.00$ 261,558.00$
Total Construction Cost (excluding the fees):141,340.50$ 377,967.50$ 519,308.00$
Estimated Construction Fees:
C. Construction Inspection Service Fee 42,187.50$ 8,437.50$ 50,625.00$
D. Administrative Material Testing Service Fee 496.08$ 606.32$ 1,102.40$
E. Water Testing Lab Fee 202.50$ 67.50$ 270.00$
F. Material Testing Cost -$ 7,559.35$ 7,559.35$
G. Public Bid Advertisement -$ 17,422.24$ 17,422.24$
Total Estimated Construction Fees:42,886.08$ 34,092.91$ 76,978.99$
TOTAL PROJECT COST 184,226.58$ 412,060.41$ 596,286.99$
Financial Guarantee Amount
Bond = 100%141,340.50$ X
City of Fort Worth, Texas Page 17 of 20
Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
MIADOCS 29067840 1
IN WITNESS WHEREOF, the City and Developer have each executed this Agreement by their
duly authorized signatories to be effective on the date executed by the City’s Assistant City Manager.
CITY OF FORT WORTH
Jesica McEachern
Assistant City Manager
Date: __________________
Recommended by:
Dwayne Hollars
Contract Compliance Specialist
Development Services Department
Approved as to Form & Legality:
Jackson Skinner
Assistant City Attorney
M&C No. 25-0082
Date: 1/28/2025
Form 1295: 2024-1251221
ATTEST:
Jannette Goodall
City Secretary
DEVELOPER
[signatures on following page]
Contract Compliance Manager:
By signing, I acknowledge that I am the person
responsible for the monitoring and
administration of this contract, including
ensuring all performance and reporting
requirements.
Rebecca Diane Owen
Development Manager
City of Fort Worth, Texas Page 18 of 20
Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
MIADOCS 29067840 1
DEVELOPER
DELARA CHASE, LLC
By: Across Delara, LLC, a Texas
Limited liability company,
Its sole member
By: Across LLC,
a Texas limited liability company,
its sole member
By: _________________________________
Alice Cruz
Managing Member
Date: ______________________
By: AZ Morse Delara, LLC, a Texas
Limited liability company
By: AZ Morse Development LLC,
A Texas limited liability company,
Its sole member
By: _________________________________
Abigail Penner
Managing Member
Date: ______________________
City of Fort Worth, Texas Page 19 of 20
Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
MIADOCS 29067840 1
The following attachments are incorporated into this Agreement. To the extent a
conflict exists between the main body of this Agreement and the following attachments, the
language in the main body of this Agreement shall be controlling.
Included Attachment
Attachment 1 - Changes to Standard Community Facilities Agreement
Attachment 2 – Phased CFA Provisions
Attachment 3 – Concurrent CFA Provisions
Location Map
Exhibit A: Water Improvements
Exhibit B: Paving Improvements
Cost Estimates
(Remainder of Page Intentionally Left Blank)
City of Fort Worth, Texas Page 20 of 20
Standard Community Facilities Agreement with City Participation
Rev. 4/2/20
MIADOCS 29067840 1
ATTACHMENT “1”
Changes to Standard Community Facilities Agreement
City Project No. 105763
Negotiated changes contained within the body of the agreement.
J
�
�
DATE: 01/37/2025
OWNER/DEVELOPER:
DELARA CHASE, LLC
220 ADAMS DRIVE SU1TE 280 #138
WEATHERFORD, TEXAS
EMAIL: ABHY�SAIGEHROOK.COM
CONTACT: ABBY PENNER
VICINITY MAP
(N.T.S)
MAPSCO N0. 103A
COUNCIL DISTRICT 6
DELARA CHASE
M UL TIFAMIL Y
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DATE: 01/31/2025
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OWNER/DEVELOPER:
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220 ADAMS DRIVE SU1TE 280 #138
WEATHERFORD, TEXAS
EMAIL: ABHY�SAIGEHROOK.COM
CONTACT: ABBY PENNER
DELARA CHASE
M UL TIFAMIL Y
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PA 1/EMENT REPAIR
DATE: 01/37/2025
OWNER/DEVELOPER:
DELARA CHASE, LLC
220 ADAMS DRIVE SU1TE 280 #138
WEATHERFORD, TEXAS
EMAIL: ABHY�SAIGEHROOK.COM
CONTACT: ABBY PENNER
DELARA CHASE
M UL TIFAMIL Y
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CITY PROJECT N0. 105763
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00 42 4J
DAP-RIDPROPOSAL
r,b� i or i
SECTION 00 42 43
Developer Awarded Projects - PROPOSAL FORM
UNIT PRICE BID
Bidder's Application
Bid Summary
UNIT I: WATER IMPROVEMENTS 257, 750. 00
UNIT IV: PAVING IMPROVEMENTS 261, 558. 00
Total Construction Bid 519 , 308 . 0 C
This Bid is suUmit[ed by tne entity nametl below:
BIDDER: BY: Gary 11
Rumsey Construction, Inc,
4336 Marsh Ridge Rd
Carrollton, TX 75010 TITLE: CEO
DATE:12/12/7_029
Cuntractor agrees to complete WORK for F[NAL ACCEPTANCE w�ithin ��working days a(ter the date when the
CONTRACT commences to nm as provided in the General Conditinns.
END OF SECTION
C[TY OF FORT WORTI I
STANDARD CONSTRUCTION SPEQFICATION �OCUMENTS - DEVELOPER AWARDED PROJECTS
I'orm Vcrsion May ^_2,'_019 Deiara Chase_Bid Propos.il Developer_DAP.xlss
Official site of the City of Fort Worth, Texas
CITY COUNCIL AGENDA
Create New From This M&C
DATE:1/28/2025 REFERENCE
NO.:
**M&C 25-
0082 LOG NAME:
60DELARA CHASE CAST
IRON WATER LINE
REPLACEMENT
CODE:C TYPE:CONSENT PUBLIC
HEARING:NO
SUBJECT: (CD 6) Authorize Execution of a Community Facilities Agreement with Delara Chase, LLC,
with City Participation in an Amount Up to $412,060.41 for Replacing a Cast Iron 8-Inch
Sewer Main in Southwest Fort Worth, and Adopt Appropriation Ordinance to Effect a
Portion of Waters Contribution to the Fiscal Years 2025-2029 Capital Improvement
Program
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the execution of a Community Facilities Agreement with Delara Chase, LLC, with
City participation in an amount up to $412,060.41 for replacing an existing 8-inch sewer
main in southwest Fort Worth; and
2. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations
in the Water & Sewer Bonds Series 2024 Fund by increasing estimated receipts and
appropriations in the Community Facilities Agreement Bucket programmable project (City
Project No. P00001) in the amount of $487,621.00 and decreasing estimated receipts and
appropriations in the Commercial Paper project (City Project No. UCMLPR) by the same
amount for the purpose of funding the Community Facilities Agreement Delara Chase (City
Project No.105763) and to effect a portion of Water's contribution to the Fiscal Years 2025-
2029 Capital Improvement Program.
DISCUSSION:
Delara Chase, LCC, (Developer) is constructing the Delara Chase Multi-family development project
located south of Altamesa Boulevard and west of South Hulen Street. The Water Department desires
to participate in the project to replace approximately 606 linear feet of cast iron 8-inch sewer main as a
result of the cast iron initiative program in southwest Fort Worth. The City will pay 100\% of the cost for
replacing the existing 8-inch sewer main. The Delara Chase Multi-Family project is assigned City
Project No. 105763 and Accela System Record IPRC24-0179.
This project has been publicly bid. The City's cost participation in the project is estimated to be in an
amount up to $412,060.41 as shown in the table below. Payments to the Developer are estimated to
be $377,967.50 for construction costs and $7,559.35 for material testing costs. The Citys cost
participation also includes $9,111.32 to cover the Citys portion of construction inspection service fees,
administrative material testing fees, and water lab testing fees and $17,422.24 for bid advertisement.
An additional $75,559.75 in the contingency funds will cover the Citys portion of any change orders.
The following table shows the cost sharing breakdown for the project between all parties:
A. Construction Developer
Cost City Cost Total Cost
1. Water $120,208.50 $137,541.50 $257,750.00
2. Paving $21,132.00 $240,426.00 $261,558.00
Page 1 of 3M&C Review
2/7/2025http://apps.cfwnet.org/council_packet/mc_review.asp?ID=32947&councildate=1/28/2025
Contingency 20\% $0.00 $75,559.75 $75,593.50
Construction Fees
A. Construction Inspection
Fee $42,187.50 $8,437.50 $50,625.00
B. Admin Material Testing
Fee $496.08 $606.32 $1,102.40
C. Water Testing Lab Fee $202.50 $67.50 $270.00
D. Material Testing Cost $0.00 $7,559.35 $7,559.35
E. Public Bid Advertisement $0.00 $17,422.24 $17,422.24
Total Project Cost $184,226.58 $487,620.16 $671,846.74
*Numbers will be rounded up for accounting purposes.
The reimbursement of the City participation, excluding inspection and material testing fees, is not a
lump-sum amount and may be less than the stated amount depending upon the actual quantities and
unit prices from the Notice of Final Completion package, commonly referred to as the Green Sheet
package.
It is the practice of the Water Department to appropriate its CIP plan throughout the Fiscal Year (FY),
instead of within the annual budget ordinance, as projects commence, additional funding needs are
identified, and to comply with bond covenants. The actions in the Mayor & Council Communication
(M&C) will appropriate funds in support of the Water Department's portion of the City of Fort Worth's
Fiscal Years 2025-2029 Capital Improvement Program, as follows:
60DELARA CHASE CAST IRON WATER LINE REPLACEMENT:
Capital
Fund
Name
Project
Name
FY2025 CIP
Appropriations
Authority Budget
Change
(Increase/
Decrease)
Revised
FY2025
Budget
W&S Rev
Bonds
Series 2024
- Fund
56022
105763
- CFA-
Delara
Chase
$0.00 This M&C $487,621.00 $487,621.00
Funding is available in the Commercial Paper project within the Water & Sewer Revenue Bonds
Series 2024 Fund for the purpose of funding the CFA- Delara Chase project.
Funding for the CFA Delara Chase project is as depicted in the table below:
FUND Existing
Appropriations
Additional
Appropriations
Project
Total*
W&S Rev
Bonds
Series 2024-
Fund 56022
$0.00 $487,621.00 $487,621.00
Project Total $0.00 $487,621.00 $487,621.00
*Numbers rounded for presentation purposes.
Page 2 of 3M&C Review
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Fund Department
ID
Account Project
ID
Program Activity Budget
Year
Reference #
(Chartfield 2)
Amount
Fund Department
ID
Account Project
ID
Program Activity Budget
Year
Reference #
(Chartfield 2)
Amount
BUSINESS EQUITY- A goal is not required under Business Equity Ordinance 25165-10-2021 when
City spending participation on Community Facilities Agreements are less than $1,000,000.00.
This project is located in COUNCIL DISTRICT 6.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are currently available in the Commercial Paper project
within the W&S Rev Bonds Series 2024 Fund and upon approval of the above recommendations and
adoption of the attached appropriation ordinance, funds will be available in W&S Rev Bonds Series
2024 Fund for the CFA-Delara Chase project to support the approval of the above recommendations
and execution of the agreement. Prior to an expenditure being incurred, the Water Department has the
responsibility of verifying the availability of funds.
TO
FROM
Submitted for City Manager's Office by:William Johnson (5806)
Originating Department Head:Chris Harder (5020)
Additional Information Contact:Suby Varughese (8009)
Melissa Harris (8428)
ATTACHMENTS
60 DELARA CHASE CAST IRON WATER LINE REPLACMENT FID TABLE.xlsx (CFW Internal)
60DELARA CHASE CAST IRON WATER LINE REPLACMENT funds avail.docx (CFW Internal)
Delara Chase Water cast iron replacment.pdf (Public)
Form 1295 Certificate 101305348 exec (1).pdf (CFW Internal)
ORD.APP_60DELARA CHASE CAST IRON WATER LINE REPLACMENT_56022_AO25(r2).docx (Public)
PBS CPN 105763.pdf (Public)
Page 3 of 3M&C Review
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